Maintenance and Modification of Project by Lessee. (a) The Lessee will at its own expense (i) keep the Project in as reasonably safe condition as its operations shall permit, (ii) with respect to the Project, comply with all applicable health and safety standards and all other industrial requirements or restrictions enacted or promulgated by the State, or any political subdivision or agency thereof, or by the government of the United States of America or any agency thereof, and (iii) keep the Project in good repair and in good operating condition and make from time to time all necessary repairs thereto and renewals and replacements thereof. The Lessee is not obligated to operate, maintain, preserve, repair, replace or renew any element or unit of the Project the maintenance, repair, replacement or renewal of which becomes, in the sole judgment of the Lessee and subject to the Letter of Credit Provider Documents, uneconomical to the Lessee because of damage, destruction or obsolescence, or change in economic or business conditions, or change in government standards and regulations. The Lessee shall not permit or suffer others to commit a nuisance in or about the Project or itself commit a nuisance in connection with its use or occupancy of the Project. The Lessee will pay all costs and expenses of operation of the Project.
Maintenance and Modification of Project by Lessee. The Lessee shall, at its own expense, (i) keep the Project in safe condition, and (ii) keep the Project in good repair and operating condition, making from time to time all necessary repairs thereto and renewals and replacements thereof, all of which shall become a part of the Project and shall be included under this Lease Agreement and the Indenture to the same extent as if originally included hereunder and thereunder. The Lessee shall promptly report to the Trustee and the Issuer any replacements of any part of the Project and shall at all times keep and maintain the Equipment Book. The Lessee shall deliver the Equipment Book, or a certified copy thereof, to the Bank within a reasonable time after written request therefor by the Issuer or the Bank. The Issuer shall not be under any obligation to renew, repair or replace any inadequate, obsolete, worn-out, unsuitable, undesirable or unnecessary part of the Project.
Maintenance and Modification of Project by Lessee. The Lessee will, at the Lessee's sole expense, during the Lease Term, keep the Project in as reasonably safe condition as its operations shall permit and in good repair and in good operating condition, making from time to time all necessary repairs thereto (including external and structural repairs). The Lessee may, also at the Lessee's expense, make from time to time any additions, modifications or improvements to the Project that the Lessee may deem desirable for the Lessee's business purposes and that do not adversely affect the structural integrity of the Project or substantially reduce its value. All such renewals, replacements, additions, modifications and improvements so made by the Lessee shall become part of the Project. The Lessee may, also at the Lessee's own expense, locate on the Leased Land any tangible personal property not purchased by the Lessor with the proceeds from the sale of the Bonds which, in the Lessee's judgment, is essential to the operation of the Project. The Lessee will not permit any mechanics', materialmen's or other liens (except Permitted Encumbrances) to be established or remain against the Project for labor or materials furnished in connection with the Project or any additions, modifications, improvements, repairs, renewals or replacements so made by the Lessee; provided, that if the Lessee shall first notify the Trustee of the Lessee's intention to do so, the Lessee may in good faith contest any mechanics', materialmen's or other lien filed or established against the Project, and in such event, may permit the items so contested to remain undischarged and unsatisfied during the period of such contest and any appeal therefrom unless (i) the Lessor or the Trustee and (ii) the Bank shall notify the Lessee that, in the opinion of Independent Counsel, by non-payment of any such items, the security afforded pursuant to the terms of the Indenture will be materially endangered or the Project or any part thereof will be subject to loss or forfeiture, and in either of such events, the Lessee shall promptly pay and cause to be satisfied and discharged all such unpaid items or secure such payment by posting a bond, in form satisfactory to the Lessor and the Trustee, with the Trustee. The Lessor will cooperate fully with the Lessee in any such contest.
Maintenance and Modification of Project by Lessee. (a) The Lessee will, at its own expense, (i) keep the Project in as reasonably safe condition as its operations shall permit, (ii) with respect to the Project, comply with all applicable health and safety standards and all other industrial requirements or restrictions enacted or promulgated by the State, or any political subdivision or agency thereof, or by the United States of America or any agency thereof, and (iii) maintain and repair the Project as provided in Section 1.3
